KHUDDU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All the original 11 accused before the trial court are the appellants herein. They were tried for offences punishable under Sections 302/149, 307, 436, 323, 147 and 148, IPC. The trial court convicted all of them and sentenced each of them to undergo imprisonment for life under Ss. 302/149, IPC and to various other terms of imprisonment for the other offences. The sentences were directed to run concurrently. All the convicted accused preferred an appeal before the High Court but the same was dismissed. The prosecution case is as follows:

(2.) The deceased Dr. Iqbal Mohammad and Edward Jacob, injured were friends and used to reside in Kanpur. The deceased used to look after the farm on behalf of his son and Edward Jacob and others used to accompany him to the farm. On 24-6-73 at about 2 p.m. one Nageshar was driving the tractor of the farm in the field and the two workers Jangali and Baby were clearing the bushes with, the help of others. At a distance of 20-30 paces from them the deceased, Edward Jacob, P.W. 3 Fasiuddin and others were sitting. The deceased was holding his. 12 bore Gun and another rifle was kept near the tree. Just then 20 to 25 people including the 11 accused appeared there from the forest. A-6 was armed with a Ballam, A-11 was armed with a Pharsa and the others were armed with lathis and the accused shouted that the deceased should be killed. According to the prosecution they surrounded the deceased and others and inflicted injuries on them. Jangali and Baby were also beaten. This occurrence was also witnessed by P.W. 2 and others who were grazing the cattle. It is stated in self-defence that Dr. Iqbal Mohammad fired two shots from his gun due to which A-3 Mithai Lal and A-4 Baothoo received gun-shot wounds. The deceased who received serious injuries fell dead. When some more persons came to the scene of occurrence, the accused left the place. The rifle belonging to the deceased was found missing. A report was lodged with the police. PW. 4 S.I. registered the crime on the same day at about 6-40 p.m. A-1 also' lodged a written report of the incident in which it was stated that the occurrence took place at about 1-30 p.m. and that P.Ws. 1, 3 and other injured persons came to the site with many others and tried to take forcible possession of the land from the accused who were alleged to be in continuous possession and the prosecution party set fire, to the huts and also fired gun shots during the course of which A-3 and A-4 received injuries.

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